I saw that Fr33 Agents is encouraging people to call John Webb, the State’s prosecutor in my case.
Calls can start as early as 6am and can take place during the trial.
“Cheshire County Attorney’s Office” (603) 352-0056
They are even offering prizes.
Archive | Courts RSS feed for this section
Fr33 Agents: We Will Record Mass Connection for Talley.TV
Kate Ager, a Dissatisfied “Customer” of the Cheshire County Superior Court
Kate Ager at ladiesinkeene.comAt 9:00AM this morning, I went to the Cheshire County Superior Courthouse for the trial of Jason Talley, who was caged for possessing a camera at the Superior Courthouse on September 23, 2011 at approximately 8:30AM. Cecelia and I both had the intention of testifying as witnesses this morning, as we were the only people to witness the arrest that were not court personnel.
As part of his efforts to bring transparency to government, Jason’s intention that morning in September was to film a hearing that was scheduled to take place at 9AM. After passing through the ‘security’ area, one of the two bailiffs present asked what was on his belt; Jason explained that the thumb-sized device was his personal camera as he approached the clerk’s window a feet away to ask for a form to fill out before filming the hearing. Quickly, the two bailiffs grabbed Jason and pushed him into the corner while trying to steal the small camera from him. After the aggressive bailiffs put handcuffs on Jason’s wrists, he sat down, as he did not want to “provide any assistance to these strangers in their unlawful crackdown on cameras and violence against a member of the free press.”
When I arrived at the courthouse this morning, multiple people were standing out front holding signs and distributing jury nullification fliers. Inside the courthouse, I proceeded to the second floor where Talley’s trial was to be held. Every seat in the courtroom was full, and Tebo, the bailiff, ordered those who did not have seats to leave the courtroom. When Judge Barry entered the room, at least four people in my line of vision remained seated.
After sitting down, Judge Barry addressed a college student, Robert, who had put in a notice to record for the documentary film crew he came with. The notice only contained his name, not the other two students present. The judge addressed the person next to Robert who was holding a camera, saying that only those who have put in a notice can film; Robert explained that he was part of the film crew. Next, the judge addressed the female film crew member who was sitting on the opposite side of the room with audio equipment. She stated that she was also part of the film crew, as he yelled over her to “turn the equipment off.” Once the other two members’ names were added to the notice, it was magically no longer a threat/problem that they had video/audio equipment.
The prosecutor, John Webb brought to the attention of Judge Barry, Jason Talley, and Bradley Jardis (Talley’s representation) that he had not sent a certain paper required to try Talley under the penalties of Class A misdemeanors and mentioned three possible ways to proceed. Judge Barry wanted further information and took a 15 minute recess to give John Webb time to do a little homework.
During the recess, I glanced at my cell phone to check the time. Tebo saw the phone in my hand and told me to turn it off. I asked him why I needed to turn my phone off, as it was on silent and not disruptive. At the ‘security checkpoint’ downstairs I was advised to turn the phone off or put it into silent mode. His response was, “Shut it off.” I did not. It did not disrupt the proceedings.
When Judge Barry returned, a number of people once again remained seated. Bradley Jardis continued pushing for dismissal of the case, which was not one of the three options that John Webb agreed was acceptable. The charges against Jason Talley were dismissed without prejudice.
I felt that there were a lot of rude and unnecessary orders as well as hostility coming from some of the staff at the Cheshire Superior Court House today. Overall, a ridiculous amount of time and (your) money was spent in an attempt to put a peaceful member of the media in jail for possessing a camera. I am glad that the formal threats against my friend have been dropped and was glad to leave the courthouse.
Why do you pay for these “services”…or do you?
Talley on Free Keene TV after State’s Aborted Trial
The evening of what was to be the day the State ordered me to stand trial, I appeared on Free Keene TV to talk about this ordeal with Ali Havens and Johnny Ray for the first 15 minutes of the show.
Screenshot of my Arrest at the Cheshire County Courthouse for Possessing a Camera
Not wanting to assist these State Agents in my own kidnapping I dropped it like it’s hot.
Caged for a Camera (September 23rd)
Reminder: the State’s trial against me is Monday Morning at 9AM following a “We Will Record” Rally on at 7:50AM.
On Friday, September 23rd 2011 at around 8:30 AM I walked inside the Cheshire County Superior Court building and was attacked by two men employed by the Cheshire County Sheriff’s Department. My mission that morning was to record a hearing that was to take place at the court at 9AM. As part of my efforts to bring transparency to government, I often record inside government buildings. I find it especially important to focus my reporting on the judicial branch, which Supreme Court Justice Robert J. Lynn says is the “least understood branch of government.” No wonder if members of the press are made to feel unwelcome, or in my case unsafe.
It was my intention that morning to report on the goings-on of the court. Attempting to obey one of the court’s arbitrary rules, I approached the clerk of the court’s window to expeditiously file a motion so I could record the upcoming hearing. Unfortunately, before I could make it to the clerk’s window two men put their hands on me. They pushed me into a corner, placed me in handcuffs, and dragged me across the floor, all because I was in possession of a camera. Apparently freedom of the press doesn’t apply to Cheshire County Courts because of their unprecedented ban on all recording devices. Notably, though, State-owned cameras are not prohibited. The same camera that i’ve worn inside
At some point while the two men were stripping me of my freedom, I called out to the empty court clerk’s window, requesting a form that would grant me permission to record the hearing. No answer. After my hands were securely cuffed, I dropped to my knees and sat down, resolute to not provide any assistance to these strangers in their unlawful crackdown on cameras and violence against a member of the free press. It was clear to me that they were in the wrong; they were the criminals – not me.
I was in a great deal of pain as the man employed by the Sheriff dragged me across the floor by the handcuffs behind my back. But more pain and humiliation was ahead as the stranger and I descended a floor to the Cheshire County Sheriff’s Department.
State vs Talley.TV: Notification of Criminal Defense
Brad Jardis crafted and submitted the following today. It’s a requirement to share what our “defense” will be presenting to the jury. It’s available as a Google Doc and as a PDF.
STATE OF NEW HAMPSHIRE
CHESHIRE, SS SUPERIOR COURT
Case No. 213-2011-CR-00216
State v.
Jason TalleyNotification of Criminal Defense
Pursuant to Superior Court Rule 101, Jason Talley notifies this Honorable Court of the following criminal defense: Effect of Ignorance or Mistake (RSA 626:3).
The basis of the defense is as follows:1. The New Hampshire Constitution in Part I, Article 22 reads as follows:
Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved. (emphasis added)2. The Marriam-Webster Dictionary defines “inviolable” as:
secure from violation or profanation
or
secure from assault or trespass : unassailable
3. RSA 626:3 reads in part:II. A person is not relieved of criminal liability because he acts under a mistaken belief that his conduct does not, as a matter of law, constitute an offense unless his belief is founded upon a statement of the law contained in a statute or other enactment, or an administrative order or grant of permission, or a judicial decision of a state or federal court, or a written interpretation of the law relating to the offense officially made by a public servant, agency or body legally empowered with authority to administer, enforce or interpret such law. The defendant must prove a defense arising under this subsection by a preponderance of evidence. (Emphasis added)
4. Being aware of Part I, Article 22 of the New Hampshire Constitution, Mr. Talley believed that his conduct could not, as a matter of law, constitute an offense as it is an “inviolably preserved” constitutional right to hold public officials accountable for public acts in public places.
5. Mr. Talley was aware that on August 26th 2011 the First Federal Circuit Court of Appeals ruled that filming public officials in public spaces was a clearly established First Amendment right. ( See attached Glik v. Cunniffee, Savalis, Hall-Brewster, and City of Boston, MA – No 10-1764 ) In its order, the federal appeals court wrote:
“We conclude, based on the facts alleged, that Glik was exercising clearly established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.”
6. Bailiffs at the security checkpoint of the Cheshire County Superior Court are “officers” (see RSA 594:1-a) and a public building is a “public space.”
7. Mr. Talley intends to argue that stripping a constitutionally protected right as a result of criminal behavior by a government official (as detailed in the Motion to Dismiss) fails to be a compelling governmental interest which would justify the stripping of “inviolably preserved” rights within public areas of public court facilities.
Respectfully submitted,
Jason Talley01/31/12 By
Bradley Jardis
42 Main Street #27
Dover, NH 03820I hereby certify that on the above date, a copy of this motion was hand-delivered to Assistant Cheshire County Attorney John Webb.
Bradley Jardis
State vs TalleyTV: Final Pretrial Hearing Reports
Thanks to Derrick J. Freeman and Bob Constantine for reporting on the final Pretrial Hearing that took place today in Cheshire County Superior Court. Above is today’s Fr33 Agents Radio report on the events today and Here is the report that Derrick filed at Fr33 Agents:
In the Shire, Peace Activist and Fr33 Agent Jason Talley of Talley.TV was arrested for the crime of possessing a video camera in a public courthouse. This is the first of two arrests at the Cheshire County Superior Court within the same year. He attended a pre-trial hearing for that arrest today.
Law-enforcer-turned-activist Brad Jardis represented TalleyTV. He was supported by a handful of activists who attended as well. All faced challenges to entering and recording the event, as the Cheshire County Superior Court is notorious for its abusive and arbitrary restrictions on freedom of the press. Due to a lack of foresight by the court, TalleyTV was faced with the undesirable options of pushing his trial back to April 2012 or selecting from a jury pool which had interacted with the court’s witnesses. He opted to select from a new jury pool and will attend trial for his victimless crime later this year.
Here’s what Bob had to say at the NH Underground:
Today there was a pre-trial hearing at Cheshire County Superior Court. It was brief. A woman judge (didn’t catch her name) presided and amongst the 17 persons who were scheduled for a hearing in the court room that day she selected Jason to go first. This may have been to make some space in the court room as the “public” seating contained many of Jason’s supporters and the free press present to witness or document the event.
The judge was already seated when Jason’s supporters and the free press entered so the “all rise” formalities were not an issue. Although a dangerous hat was demanded to be removed.
It appears upon complying with the proper court rules and paperwork filing that Brad Jardis will be allowed to represent Jason as his legal counsel. This involves filing a notarized affidavit and a declaration of good character etc. on Brad’s part.
Because three Cheshire County Superior Court bailiffs will be witnesses and two are directly involved in this case, the judge (perhaps prompted by the prosecutor? not sure if a motion was filed or not) moved the trial to April 2012. Apparently the court needs some time to ensure that other bailiffs will be available as the regular staff will be busy with their direct involvement in the case. That seemed to be a reasonable request so Jason did not object to the State / Court moving the trial ahead.
There was some talk of changing venue from Cheshire County Superior Court to another location. Jason mentioned his concern with his ability to get a fair trial at Cheshire County. I’m not sure if the change in venue will be granted or which location it might change to…will try to update as I find out.
A couple of deputies seemed concerned about people lingering and made sure to move people out of the court room and court house as quickly as possible. While the deputies could have been a bit more polite, all escaped without harm.
…stay tuned. Please feel free to post this post elsewhere if you are inclined to.
Motion to Refrain From Authorizing Physical Force To Demand Respect
Read the motion in Google Docs or as a PDF.
STATE OF NEW HAMPSHIRE
CHESHIRE, SS SUPERIOR COURT
Case No. 213-2011-CR-00216
State v.
Jason TalleyMotion to Refrain From Authorizing Physical Force To Demand Respect
Jason Talley moves this Honorable Court to refrain from ordering, authorizing, or condoning the use of physical force to demand respect for the judicial proceedings. In support of this motion, Jason states as follows:
1. It is a commonly understood ritual throughout the United States and beyond that while attending a judicial proceeding people stand when the Court and jury enter and exit the courtroom.
2. Many individuals find the practice of standing for a state official to be shocking to their conscience for political, ideological, religious, or other reasons.
3. The Cheshire County Superior Court has on prior occasion ordered law enforcement officers to use physical violence to force individuals who fall within #2 while in the courtroom to stand.
4. Part I, Article 4 of the New Hampshire Constitution reads:
Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience.Prayer for Relief
WHEREFORE, Jason Talley, requests this honorable Court grant the following relief:
Respect the right of individuals attending the proceedings to remain seated if they so choose; and
Grant any other relief this honorable Court deems just and proper.Respectfully submitted,
Jason Talley01/31/12 By
Bradley Jardis
42 Main Street #27
Dover, NH 03820I hereby certify that on the above date, a copy of this motion was hand-delivered to Assistant Cheshire County Attorney John Webb.
Bradley Jardis
State vs Talley.TV Defense Witness List
STATE OF NEW HAMPSHIRE
CHESHIRE, SS SUPERIOR COURT
Case No. 213-2011-CR-00216
State v.
Jason TalleyDefense Witness List
Jason Talley informs the State and Honorable Court of his intent to call the following witnesses at trial:
1. Chief Judge Edwin Kelly, New Hampshire Circuit Court
2. Chief Judge Tina Nadeau, New Hampshire Superior Court
3. Presiding Judge Edward Burke, Keene Circuit Court
4. Adam Mueller
5. Kate Ager
6. Cecelia FairchildRespectfully submitted,
Jason Talley01/31/12 By
Bradley Jardis
42 Main Street #27
Dover, NH 03820I hereby certify that on the above date, a copy of this motion was hand-delivered to Assistant Cheshire County Attorney John Webb.
Bradley Jardis
View this as a PDF or Google Doc.
Recent Comments